(HC) Agee v. Warden, FCI Mendota

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ERIC AGEE, ) Case No.: 1:22-cv-01424-SKO (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATIONS TO WARDEN, FCI MENDOTA, ) DISMISS PETITION FOR WRIT OF HABEAS Respondent. ) CORPUS ) ) [21-DAY OBJECTION DEADLINE] )_

Petitioner is in the custody of the Bureau of Prisons (“BOP”) at the Federal Correctional Institution in Mendota, California. He filed the instant federal petition on November 4, 2022, challenging his conviction and sentence pursuant to 28 U.S.C. § 2241. Because Petitioner does not satisfy the savings clause in 28 U.S.C. § 2255 which would allow Petitioner to challenge his conviction by way of § 2241, the Court will recommend that the instant petition be DISMISSED. BACKGROUND On August 22, 2017, Petitioner pled guilty in the United States District Court for the District of…